Imani, Prof. Kwesi Aning challenge President’s power to fire heads of uniformed security agencies in Supreme Court

Imani Centre for Policy and Education, alongside Professor Kwesi Aning from the Kofi Annan International Peacekeeping Training Centre, has taken legal action against the Attorney General and Ministry of Justice.

They have filed a writ at the Supreme Court challenging the authority of the President of Ghana to terminate the appointments of heads of various uniformed security agencies without proven misconduct or misbehavior.

In their writ, the plaintiffs argue that the President lacks the constitutional authority to remove these heads of agencies unless there is proven misconduct or misbehavior. They specifically reference Articles 200, 202(1), 202(2), 202(3), 205, 207(1), 207(2), 207(3), 190(1), 191, 196, 199, and 269 of the 1992 Constitution of Ghana to support their claim.

The offices in question include the Chief Fire Officer of the Fire Service, Inspector General of Police, Director General of Prisons Service, and Comptroller General of Immigration Service. The plaintiffs seek a declaration from the Supreme Court that the President cannot make fresh appointments to these positions unless the incumbent is deceased.

Furthermore, they argue against the removal of these heads of uniformed security services by new presidents, citing unconstitutional practices where terminations occur before the individuals reach the statutory retirement age. As evidence, they mention the case of Mr. Emmanuel Yao Adzator, the former Director-General of the Prisons Service, who was asked to proceed on leave at the age of 54 in 2017.

Ultimately, the plaintiffs demand a consequential order to prevent the President from dismissing or attempting to dismiss these appointees except in cases of proven misconduct, retirement, resignation, death, or incapacity to perform their duties due to physical or mental infirmity.